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PICKETT v. HOLLAND AMERICA LINE-WESTOURS

No. 70300-1.

35 P.3d 351 (2001)

Francine PICKETT, Brian Cohen, Jack Masin, Belle Masin, individually and on Behalf of all other similarly situated, Respondents, Leonard Bebchick, Respondent, Joseph Hess, Leona Hess, Tom Crago, and Linda Crago, Intervenors, v. HOLLAND AMERICA LINE-WESTOURS, INC., Petitioner.

Supreme Court of Washington, En Banc.

Decided November 29, 2001.

Attorney(s) appearing for the Case

Preston, Gates & Ellis, Paul J. Lawrence, Todd L. Nunn, Karl J. Quackenbush, Seattle, for amicus curiae on behalf of Association of Washington Businesses.

Davis, Wright Tremaine, Stephen Michael Rummage, Jason C. Klein, Seattle, for petitioner.

Zwerling, Schachter & Zwerling, Dan Drachler, Seattle, Zwerling Schachter & Zwerling, Robert Schachter, Joseph Lipofsky, New York City, Hagens & Berman, Steve W. Berman, George Warren Sampson, Erin K. Flory, Seattle, Leonard N. Bebchick, Washington, DC, for respondent.

MADSEN, J.

In 1996, Francine Pickett, Brian Cohen, and Jack and Belle Masin (Plaintiffs) filed suit against Holland America Line-Westours, Inc. (Holland) on behalf of all persons similarly situated (those persons purchasing cruises after April 19, 1992) to recover a portion of the "port charges and taxes" charged to them in addition to their cruise fares. Clerk's Papers (CP) at 2-14. The foundation for Plaintiffs' claim is that these charges exceeded the actual taxes...

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